Statutes > New Mexico Statutes > Chapter 44 - Miscellaneous Civil Law Matters. > Article 2 - Mandamus, 44-2-1 through 44-2-14. > Section 44-2-7 - When peremptory or alternative writs issued.

Section 44-2-7 - When peremptory or alternative writs issued.

44-2-7. [When peremptory or alternative writs issued.]

When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance; in all other cases the alternative writ shall be first issued.